This bill specifies that 4 assistant district attorney project positions (one each
in Brown, Dane, Marathon and Milwaukee counties) shall be used until June 30,
1999, to provide assistant district attorneys who will file and prosecute petitions
anywhere in this state under the sexually violent person commitment law. The bill
also requires district attorneys to maintain, during the period ending on June 30,
1999, records of the time spent on cases brought under the sexually violent person
commitment law and to report that information to the department of administration
(DOA).
State building program
Currently, with certain limited exceptions, state construction projects that are
estimated to cost more than $30,000 must be publicly advertised and awarded to the
lowest qualified responsible bidder. Projects that are estimated to cost more than
$250,000 must be specifically enumerated in the authorized state building program
as set forth by law. These requirements apply regardless of the funding source for
a project. As work progresses under a contract, the state makes partial payments
to the contractor and if the work is satisfactorily completed, the state pays the
contractor in full.
This bill permits DOA to contract with a qualified contractor for the
performance of an energy conservation audit of any state-owned building, structure
or facility. The contractor must then prepare a report recommending specific
physical modifications to effect future energy savings and determining the minimum
savings that will be realized by the state if the modifications are made. After
receiving the audit report, and subject to approval of the building commission where
required, the bill permits DOA to contract for construction work to be performed by
the contractor on the building, structure or facility, at the contractor's expense, for
the purpose of realizing potential savings of future energy costs identified in the
audit if, in DOA's judgment, the anticipated savings to the state after completion of
the work will enable recovery of the costs of the work within a reasonable period of
time. Any such contract must provide for the state to pay a stated amount, which
must include any financing costs incurred by the contractor. The amount may not
exceed the minimum savings determined under the audit to be realized within the
period specified in the audit. The state makes payments under the contract as the
savings identified in the audit are realized by the state, in the amounts actually
realized, but not to exceed the stated amount.
Under the bill, any such contract must include a provision stating in substance
that the payments under the contract are contingent upon available appropriations.
The bill exempts any such contract from notice and bidding requirements and from
the requirement for enumeration in the authorized state building program.
State employment
Under current law, the administrator of the division of merit recruitment and
selection in the department of employment relations (DER) is responsible for
administering state law relating to the recruitment, appointment, examination and
certification of applicants for positions in the state classified service. Current law
provides that the administrator may delegate any of these functions to an appointing
authority of a state agency, within prescribed standards, if the administrator finds
that the state agency has personnel management capabilities to perform such
functions effectively and has indicated its approval and willingness to accept such
responsibility by written agreement. Current law also provides that if the
administrator determines that a state agency is not performing such delegated
function within prescribed standards, the administrator must withdraw such
delegated function.
This bill provides that, at the request of the board of regents of the University
of Wisconsin (UW) System, the administrator must delegate to the board of regents
any of his or her functions relating to the recruitment, appointment, examination
and certification of applicants for classified, nonprofessional positions in the UW
System. This delegation is not subject to prescribed standards and is not revocable
by the administrator. Any personnel decision made by the board of regents, however,
is subject to appeal to the personnel commission.
Currently, with limited exceptions, any change in the number of full-time
equivalent positions for any state agency must be approved by law, by the legislature
in budget deliberations, by the joint committee on finance (JCF) or by the governor,
depending upon the funding source for the positions. This bill permits the secretary
of administration, at the request of the secretary of employment relations, to
authorize additional temporary positions for any state agency from any funding
source to provide temporary staffing for the purpose of permitting the agency to loan
the staff members to another state agency or to a state agency of another state, an
agency of a foreign government, a federal agency, an institution of higher education
or a local government. The bill does not define "temporary".
Under current law, any department, agency or instrumentality of the state or
institution of higher education or any local government or municipal corporate
agency may participate in an employe interchange program with departments,
agencies or instrumentalities of a foreign government, the federal government,
another state or local government, an institution of higher education, municipal
corporate agencies or other agencies or instrumentalities of this state. Employes of
the sending governmental unit, even though they report for work at the receiving
governmental unit, are still considered employes of the sending governmental unit
during the duration of the interchange. The employes' salaries and benefits are paid
by the sending governmental unit during the duration of the interchange, except that
a receiving governmental unit (except for a department, agency or instrumentality
of the state) may provide supplemental salaries and benefits to the employe during
the duration of the interchange.
This bill provides that a department, agency or instrumentality of the state that
is a receiving governmental unit may also provide supplemental salaries and
benefits to the employe during the duration of the interchange. In addition, the bill
requires the compensation plan to provide for a supplemental salary increase of up
to 10% of an employe's base salary for any employe who participates in the temporary
interchange program, but only if the state agency to which the employe is assigned
during the period of the interchange pays the cost of the supplemental salary
increase. The bill affects only the compensation and conditions of employment of
state employes who are included in collective bargaining units for which
representatives are recognized or certified to the extent allowed under the employes'
collective bargaining agreements.
This bill eliminates certain requirements for making promotional
appointments to positions in the classified service at the UW System. (See
Education, higher education.).
Under current law, the investment board is authorized to provide bonus
compensation to the executive director of the board and other employes of the board
for meritorious performance. This bill provides that an employe is not eligible to
participate in the bonus compensation plan if the employe is hired by the investment
board after the day on which the bill becomes law to perform functions primarily
related to information technology.
State finance
In addition to modifying the amounts of authorized bonding for existing state
bonding programs, this bill authorizes bonding for several new programs including
an educational technology infrastructure loan program. (See Education, Other
educational and cultural agencies), a safe drinking water loan program (see
Environment, Water quality), and a transportation infrastructure bank program
(see Transportation, Transportation aids.).
Under current law, the statutory purpose of the property tax relief fund is to
provide state property tax relief "during the 1997-99 fiscal biennium". This bill
amends the language creating the fund to delete reference to providing tax relief "in
the 1997-99 fiscal biennium". In addition, the bill requires the secretary of
administration to make annual transfers from the property tax relief fund to the
general fund. The amount of each transfer equals the estimated total increase, if any,
in anticipated expenditures from the appropriations for school aids and for the school
levy tax credit from the previous fiscal year to the current fiscal year, not to exceed
the balance of the property tax relief fund. If the secretary of administration
overestimates or underestimates the amount of the increase, an adjustment to
compensate for the overestimation or underestimation in the transfer is made for the
next fiscal year.
Under current law, the governor is generally authorized to accept federal
funding, on behalf of the state, and to designate the state board, commission or
department to administer these funds for the purpose designated by the federal
government. However, when a block grant is made to the state by a federal law
enacted after August 31, 1995, the governor may administer the funds and the state
board, commission or department may encumber the federal funds only if JCF does
not schedule a meeting on the issue within 14 days of being notified by the governor
of the receipt of the funds.
This bill instead provides for this notification and review upon receipt of any
block grant if the secretary of administration determines that the block grant is not
reflected in the estimates of federal revenues contained in the biennial budget act for
the fiscal year in which the moneys contained in the grant will be encumbered.
Under current law, state operating notes may be issued only upon submission
of a request by DOA to the building commission. If DOA determines that a deficiency
will occur in the funds of the state that will not permit the state to meet its operating
obligations in a timely manner, DOA may prepare a request for the issuance of
operating notes and, after approval by JCF, may submit the request to the building
commission.
This bill replaces the requirement for JCF approval with a 14-day passive
review process. Under the bill, if DOA proposes to submit a request for the issuance
of operating notes to the building commission, the secretary of administration must
notify JCF in writing of the proposed action. If the cochairpersons of JCF do not
notify the secretary that JCF has scheduled a meeting for the purpose of reviewing
the proposed submission within 14 working days after the date of the secretary's
notification, DOA may submit the request to the building commission as proposed.
If, within 14 working days after the date of the secretary's notification, the
cochairpersons of JCF notify the secretary that JCF has scheduled a meeting for the
purpose of reviewing the proposed submission, DOA may submit the request to the
building commission only upon approval of JCF.
This bill requires the arts board, the department of justice (DOJ), the
department of public instruction, the historical society and the public defender board
to submit a report to the governor and JCF no later than October 1, 1997. Each report
must contain the agency's recommendations on how to allocate a specified
appropriation reduction, resulting from budgetary efficiency measures, among the
agency's sum certain general purpose revenue appropriations.
Under current law, the executive director of the investment board may appoint
one division administrator and investment directors and must appoint a chief
investment officer and all other employes necessary to carry out the functions of the
board. The board must participate in the selection of the chief investment officer and
the investment directors. The executive director of the board also may appoint an
executive assistant.
This bill removes the authority of the executive director to appoint a division
administrator. Instead, the bill authorizes the executive director to appoint a chief
legal counsel, a chief financial officer and a chief risk officer. These positions are
made subject to the state code of ethics for public officials and the employes in these
positions are required to file annual statements of economic interests, as well as
quarterly reports of economic transactions, with the state ethics board. Employes
in these positions receive more liberal vacation and retirement benefits than are
provided to most other nonrepresented state employes.
Also, under current law, the board must appoint an investment director to act
as the assistant director. The assistant director acts in place of the executive director
in his or her absence or disability. This bill allows the board to appoint any of the
senior officers mentioned, as well as any investment director, to the position.
Under current law, the investment board may employ special legal or
investment counsel in any matter arising outside of the scope of its investment
authority. In addition, the board may employ professionals, contractors or other
agents necessary to evaluate or operate any property if a fund managed by the board
has an interest in, or is considering purchasing or lending money based upon the
value of, that property. Expenses incurred by these special legal counsel, special
investment counsel, professionals, contractors or other agents may be charged to the
funds for which their services were provided.
This bill requires the board to submit quarterly reports to DOA detailing all
costs and expenses charged to funds under these provisions. In addition, the bill
prohibits the board from charging a fund for these expenses if the expenses are for
data processing services, information technology and telecommunications services,
accounting services other than actuarial services, or general management services.
Under current law, the division of trust lands and investments is under the
direction and supervision of the board of commissioners of public lands and is
attached for administrative purposes to the office of the state treasurer. This bill
attaches the board to DOA for administrative purposes.
Under current law, the board of commissioners of public lands may exchange
part or all of any parcel of public lands for any other land of approximately equal
value if the board determines that the exchange will contribute to the consolidation
or completion of a block of land, enhance conservation of lands or otherwise be in the
public interest. This bill provides that an exchange is of "approximately equal value"
if the difference in value between the more highly valued land and the less highly
valued land does not exceed 10% of the value of the more highly valued land.
Current law allows the division of trust lands and investments to deduct from
the gross receipts of the state trust funds the necessary expenses incurred in caring
for public lands under the board's supervision. This bill specifically provides that
these expenses may include expenses for reforestation, erosion and insect control,
submerged log monitoring, surveys, appraisals and other land management
practices that serve to protect or enhance the interests of the beneficiaries of the trust
funds.
Under current law, the state reserves to itself title to and ownership of all logs
resting on submerged lands owned by the state. The board of commissioners of public
lands issues permits to persons wishing to raise and remove sunken logs resting on
submerged state lands. The state receives 30% of the appraised market value of the
logs raised under such permits, except that an applicant for a permit may propose
projects for the use of logs raised and for the use of proceeds from logs raised and sold
as an offset to the state's share of the value of the raised logs. The projects must have
demonstrated potential to do 2 or more of the following: 1) increase tourism revenues
in this state; 2) increase employment in this state; or 3) contribute to increased
economic development and activity in this state. The board may, in its judgment,
authorize offsets of up to 100% of value that would otherwise be received by the state.
This bill repeals the offset program and changes the percentage of value
retained by the state so that the state receives 20% of the appraised market value
of all logs raised from submerged lands owned by the state.
Currently, the information technology investment fund consists primarily of fee
revenues received from prospective state vendors for information concerning future
state procurements. This bill supplements the information technology investment
fund by transferring from the general fund to that fund $2,000,000 on the day the
bill becomes law and an additional $2,000,000 on July 1, 1998. (See also Other state
government.)
Other state government
Land use planning
Currently, the land information board is attached to DOA. The board consists
of the secretaries of 4 state agencies or their designees, the state cartographer and
8 other persons appointed by the governor, 4 of whom are representatives of county
or municipal governments in this state and 4 of whom are representatives of public
utilities or private businesses in this state. The board serves as a state clearinghouse
for access to land information and provides technical assistance to state agencies and
local governmental units with land information responsibilities, reviews and
approves county plans for land records modernization and provides aids to counties,
derived from recording fee revenues collected by counties, for land records upgrading
and modernization projects.
This bill abolishes the land information board and transfers its functions,
together with its assets, liabilities and employes, to DOA. The bill revises the
existing functions of the board so that DOA facilitates the provision of technical
assistance, together with unspecified others, to state agencies and local
governmental units, and facilitates the review, together with unspecified others, of
county plans and applications by counties for land records modernization project
grants. The bill also directs DOA to develop and maintain geographic information
systems relating to land in this state for the use of governmental and
nongovernmental entities, and appropriates money from the recycling fund for this
purpose.
This bill creates a Wisconsin land council in DOA. The purposes of the council
include the following: 1) to identify and recommend to the governor land use goals
and priorities; 2) to study the development of a computer-based land information
system and make recommendations to the governor in this area; and 3) to identify
procedures for facilitating local land use planning efforts and recommend to the
governor legislation to implement the procedures. The council is required to submit
to both houses of the legislature, and the governor, a report that evaluates its
functions and activities. The report must be submitted not later than September 1,
2002.
Under the bill, the council consists of the secretaries of various state agencies,
or their designees; the state cartographer; public members, including a
representative from the University of Wisconsin (UW) System; and members who
represent the interests of cities, towns and counties. These public members are
appointed by the governor and serve for 5-year terms. The bill eliminates the council
on September 1, 2003.
The bill also permits DOA to levy assessments against state agencies in any
amounts that DOA determines to be required to support DOA's land information
functions and the functions of the Wisconsin land council.
State procurement
Currently, with several exceptions, if the estimated cost of materials, supplies,
equipment or contractual services for any state agency in the executive branch of
state government exceeds $25,000, DOA, or the agency if DOA delegates purchasing
authority to the agency, must publicly solicit bids or competitive sealed proposals.
With certain exceptions, DOA and other state agencies to which DOA delegates
purchasing authority must make procurements from the person submitting the
lowest responsible bid or most advantageous competitive sealed proposal. With
certain exceptions, DOA and agencies to which DOA delegates purchasing authority
must purchase certain materials, supplies, equipment and contractual services from
state institutions or work centers for severely handicapped individuals. These
requirements do not apply to any purchases made by the division of information
technology services of DOA.
This bill provides that these requirements do not apply to: a) any purchases of
educational technology materials, supplies, equipment or contractual services made
by the division of information technology services of DOA for school districts,
cooperative educational service agencies, technical college districts and the board of
regents of the University of Wisconsin System; or to b) any purchases made by DOA
or any other state agency to which DOA delegates purchasing authority when the
agency purchases materials, supplies, equipment or contractual services for
information technology purposes. Under the bill, "information technology" means
the electronic processing, storage and transmission of information, including data
processing and telecommunications.
State information technology planning and grants
Currently, DOA may award grants from the information technology investment
fund to state agencies for information technology development projects. Before
awarding grants for any fiscal year, DOA must submit proposed criteria for awarding
the grants to the joint committee on information policy for the approval of the
committee. This bill provides instead that DOA may award grants for any fiscal year
in accordance with its proposed criteria if, within 14 working days after submittal
of the proposed criteria to the committee, the cochairpersons do not notify DOA that
the committee has scheduled a meeting for the purpose of reviewing the proposed
criteria. If DOA is so notified, it may not award grants until the proposed criteria
are approved by the committee.
Currently, DOA must promulgate rules concerning administration of grants for
information technology development projects, including grant criteria. This bill
repeals that directive. However, under general law, DOA is still required to
promulgate rules concerning statements of general policy and interpretations of
statutes that DOA specifically adopts to govern its enforcement or administration of
information technology development project grant requirements.
Currently, DOA awards grants to state agencies from the information
technology investment fund for information technology development projects once
each fiscal year. Grants for each fiscal year must be awarded by May 15 of the
preceding fiscal year. This bill permits DOA to award grants for projects to be
conducted during the 1997-98 fiscal year after the bill becomes law but no later than
a date specified by the secretary of administration. (See State finance.)
Currently, each state agency in the executive branch must adopt, revise
biennially and submit to DOA for its approval a strategic plan for the utilization of
information technology to carry out the functions of the agency. The plan must
identify all resources relating to information technology which the agency desires to
acquire, the priority for such acquisitions and the justification for such acquisitions.
This bill instead requires each plan to identify all proposed information
technology development projects that serve the business needs of the agency, the
priority for undertaking such projects and the justification for each project, including
the anticipated benefits of the project.
State penalty surcharges and assessments
Under current law, a person must provide biological specimens to be used for
deoxyribonucleic acid (DNA) analysis if the person has been convicted of, adjudicated
delinquent for or found not guilty by reason of mental disease or defect of certain
serious sexual offenses, if the person has been institutionalized under the civil
commitment law based on certain serious sexual offenses, if the person has been
found to be a sexually violent person, or if a court orders the person to provide
biological specimens. The crime laboratories of DOJ analyze the sample and
maintain a data bank based on the DNA analysis of the specimens.
Current law imposes various surcharges or assessments to be levied against
persons who violate certain laws; these surcharges and assessments must be paid in
addition to any fine or forfeiture (civil monetary penalty) imposed and in addition to
any other surcharge and assessment imposed. Current law also provides that any
person who is convicted of burglary or of certain sexual assaults and any person who
must provide biological specimens after being convicted of a crime must pay a DNA
analysis this surcharge of $250. Money collected from this surcharge is used to fund
the DNA analysis program conducted by the state crime laboratories; to maintain a
state data bank based on that DNA analysis; to help pay for the salary and fringe
benefits of one Milwaukee County assistant district attorney, who conducts
prosecutions using DNA analysis; and to provide statewide training regarding
prosecutions using DNA analysis.
This bill eliminates the requirement for a person convicted of burglary to pay
the $250 DNA analysis surcharge. The bill also creates a crime laboratories
assessment of $4 that must be imposed on any person found to have violated any
state law or local ordinance, except a law or ordinance relating to restrictions on
smoking inside buildings, to nonmoving traffic regulations or to safety belt use
requirements. The money collected from the crime laboratories assessment must be
used, along with money collected from the DNA analysis surcharge under current
law, for the following purposes: 1) to fund activities of the state crime laboratories
that relate to drug law enforcement assistance and drug investigations and analysis;
and 2) to fund the DNA analysis program conducted by the crime laboratories, to
maintain the data bank based on that DNA analysis and to conduct other activities
related to the use of DNA in criminal prosecutions. The bill also eliminates the use
of money collected from the DNA analysis surcharge to help pay for a Milwaukee
County assistant district attorney and to provide statewide training regarding
prosecutions using DNA analysis.
Conduct of state administrative hearings
Under current law, the division of hearings and appeals in DOA must assign
a hearing examiner to preside over certain contested case hearings of the
departments of health and family services, industry, labor and job development,
transportation and natural resources, as well as certain other specific types of
contested case hearings. This bill authorizes the division of hearings and appeals to
contract with any state agency to provide contested case hearing services to that
agency unless the agency is prohibited, under current law, from contracting for
contested case hearing services. The bill requires DOA to charge the other state
agency for the total costs of providing the hearing services.
Composition of the public records board
Currently, the public records board consists of 8 members. Five members are
state officers or designees of those officers and 3 members are appointed by the
governor for indefinite terms. Of the gubernatorial appointees, one is a
representative of a local government and one is a representative of a small business.
This bill increases the membership of the board to 10 members. The bill adds
the secretary of administration and director of state courts or their designees as
members, and also provides that, of the 3 gubernatorial appointees, one must be a
representative of a local government and the other 2 members must have experience
in records management or information technology. Under the bill, one of these 2
representatives must be an officer or employe of a state agency and one must be an
officer or employe of a private business located in this state.
Payment of small claims against the state
Currently, the claims board receives, investigates and makes recommendations
to the legislature concerning claims of $10 or more against the state that are not
otherwise authorized to be paid. The board may pay certain claims without
legislative approval. Other claims may be referred by the board to the legislature.
Any claim of less than $10 may be paid by DOA without referral to the claims board.
If the legislature does not allow a claim, a claimant may file suit on the claim if suit
is authorized to be brought.
This bill specifically permits any person who has a claim against the state to
file the claim with DOA. The bill permits DOA to pay any claim of less than $100
without referral to the claims board. Under the bill, the claims board is not required
to consider any claim of less than $100. In accordance with current law, if a claim
is not referred to the claims board, the legislature may still consider the claim and
if the legislature does not allow the claim, the claimant may file suit on the claim if
suit is authorized to be brought.
Executive assistants at public service commission
